Secured a major victory in a bench trial on behalf of clients Sony Corporation of America, Sony Music Entertainment, and Sony/ATV Music Publishing, obtaining dismissal of copyright infringement claims brought by Mayimba Music, Inc. involving Latin-American pop star Shakira's 2010 hit song "Loca, Loca, Loca." Loeb & Loeb was successful in convincing U.S. District Judge Alvin Hellerstein to reverse his own earlier finding of liability in the case, by raising doubt as to the authenticity of a cassette tape that allegedly contained 1998 recording of "Loca'' by a Dominican songwriter.
The Loeb team gathered evidence and witnesses from around the world. When one of Sony's key witnesses was denied a visa to travel to the U.S. a few weeks before the trial was scheduled to start, our team arranged to take the deposition in the Dominican Republic. This included locating the only U.S.-certified Spanish interpreter in the region and a professional videographer to record the deposition. Ultimately, the video taped deposition was played for the Judge at trial just days after the deposition was taken, and the testimony figured prominently in the Judge's decision.
'My holding is that there was a basic issue of fraud in the trial, that the deposit copy was not a true copy of a song as fixed, it was not bona fide, and it invalidates the copyright," said Judge Hellerstein. Loeb later obtained an award reimbursing Sony for a portion of its attorneys' fees incurred in defending the action. The parties ultimately entered a settlement agreement, which resulted in Mayimba's withdrawal of its appeal of Judge Hellerstein’s decision, and the dismissal of all claims against Sony.